Quebec’s new judicial approach to drug possession ‘not really beneficial for anybody,’ lawyer says

The Quebec government relaxing its judicial approach to people caught with small quantities of illegal drugs will have no benefits whatsoever, a criminal defence lawyer is predicting.

A new provincial guideline recommends that cases of simple drug possession should only be prosecuted when there is a public safety risk, such as in the context of organized crime, violence or when minors are present.

The policy change was made in April 2023 but never publicly announced.

Criminal defence attorney Roberta Harthel-Côté believes the new policy could ease the burden on the justice system, but will likely be entirely ineffective.

“It’s not really beneficial for anybody,” Harthel-Côté told CityNews. “It’s not beneficial for the system. It’s not beneficial for the defendants. It’s not beneficial for society, taxpayers, taxpayers’ dollars.

The new guidance followed on the heels of a federal law, passed in November 2022, which required police and prosecutors to consider alternatives to laying charges for the simple possession of drugs. Bill C-5 was meant to divert people who commit minor drug offences from an overburdened criminal justice system, and to reduce recidivism by keeping people out of jail.

A spokesperson from Quebec’s Ministry of Justice and another with the Montreal police confirmed to CityNews the policy change does not affect current policing practices.

“If they’re not going to be prosecuted, they should stop wasting their time,” Harthel-Côté said.

Louis Letellier de St-Just, the chairman of the Quebec Association of Addiction Workers, says people charged after being caught with small quantities of illegal drugs usually have addiction issues. He says Quebec’s Justice Ministry should also be working with the Ministry of Health and Social Services to implement a true health-focused strategy.

“It is also a situation where health and community approaches should be linked. And it’s not the case,” he said.

“The notice of April of 2023 from (Quebec Justice) Minister (Simon) Jolin-Barrette is just saying it’s the duty of our prosecutors… which is not reflecting the major change from a criminal approach to a health approach.”

Letellier de St-Just agrees the new guideline will have little impact.

“It doesn’t change anything on the field, police officers, this notice doesn’t change anything at all.

“If we want diversion measures to work, we need to work all together.”

A spokesperson for Jolin-Barrette said the new guideline was issued “to comply with these legislative changes.”

In January 2023, British Columbia became the first province in Canada to decriminalize simple possession of certain illicit drugs. That decision allowed people to carry small quantities of drugs for personal use without facing criminal charges. Earlier this year, however, the province moved to reintroduce a ban on drug use in public places.

–With files from The Canadian Press